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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Jun 14, 2012

Williams v. Orange & Sullivan Excavating Corp.

This case concerns an appeal challenging the approval of a personal injury settlement nunc pro tunc under Workers' Compensation Law § 29 (5). The Supreme Court, Orange County, initially granted the petition for approval, and the appellate court affirmed this decision. The ruling reiterates that employees must obtain either carrier consent or judicial approval within three months of settlement to maintain workers' compensation benefits. However, a nunc pro tunc order can still be granted after three months if the settlement is reasonable, the delay is not due to the employee's fault, and the carrier is not prejudiced. The appellate court concluded that the Supreme Court appropriately exercised its discretion in granting the nunc pro tunc approval, aligning with established legal precedent regarding such petitions.

Workers' Compensation Law § 29 (5)Personal Injury SettlementNunc Pro TuncJudicial ApprovalWorkers' Compensation BenefitsAppellate AffirmationDelay ExcuseReasonable SettlementCarrier PrejudiceJudicial Discretion
References
9
Case No. MISSING
Regular Panel Decision

Rifenburgh v. James

Petitioner was injured in an automobile accident while en route to an employer-directed physical examination and subsequently sought workers' compensation benefits. He also commenced a third-party action, which was settled without the workers' compensation carrier's consent or timely judicial approval. The Workers' Compensation Law Judge closed the case after petitioner failed to obtain judicial approval. Petitioner later attempted to reopen the claim by seeking nunc pro tunc judicial approval, but Supreme Court denied the application due to undue delay. The Appellate Division affirmed this denial, concluding that the delay was attributable to the petitioner's own neglect, thereby barring future workers' compensation benefits.

Automobile AccidentThird-Party ActionSettlement without ConsentJudicial ApprovalNunc Pro TuncUndue DelayPetitioner NeglectWorkers' Compensation BenefitsCourse of EmploymentAppellate Review
References
4
Case No. MISSING
Regular Panel Decision
Mar 20, 2006

Paneto v. RMSCO, Inc.

The Supreme Court, Bronx County, denied a petition to approve a workers' compensation claim settlement nunc pro tunc. The petitioner failed to obtain the workers' compensation carrier's consent or judicial approval within the statutory three-month period, as required by Workers’ Compensation Law § 29 (5). Although late approval may be granted if the delay was not due to the petitioner's fault and the carrier was not prejudiced, the petitioner failed to establish lack of fault for a delay exceeding two years. Furthermore, the petitioner did not demonstrate the reasonableness of the $7,000 settlement amount derived from a $50,000 insurance policy. Consequently, the appellate court unanimously affirmed the denial of the application, concluding that the motion court's determination was not an improvident exercise of discretion.

Workers’ Compensation LawSettlement AgreementNunc Pro Tunc OrderThird-Party ClaimCarrier ConsentJudicial DiscretionTimelinessAppellate DivisionAffirmationNeglect
References
3
Case No. MISSING
Regular Panel Decision

Cosgrove v. County of Ulster

Petitioner, injured in a work-related accident, received workers' compensation and subsequently settled a third-party tort action against the respondent for $15,000. Petitioner's counsel believed the employer's insurance carrier had approved a one-third share of the settlement but the carrier failed to provide disbursement instructions for its portion. After the carrier terminated workers' compensation benefits, petitioner sought judicial approval of the settlement nunc pro tunc. The Supreme Court granted this approval, which the carrier then appealed. The Appellate Division affirmed the Supreme Court's order, concluding that the settlement amount was reasonable, the delay in seeking judicial approval was not due to petitioner's fault, and the carrier was not prejudiced by the delay.

Workers' CompensationPersonal Injury SettlementNunc Pro Tunc ApprovalJudicial DiscretionCarrier ConsentThird-Party ActionAppellate ReviewSettlement ReasonablenessDelay ExcuseLack of Prejudice
References
12
Case No. MISSING
Regular Panel Decision

Gilson v. National Union Fire Insurance

Petitioner Janet Q. Gilson was injured in a work-related automobile accident. She and other petitioners settled a third-party action for $70,000 without the consent of the employer's workers' compensation carrier (respondent). They subsequently sought nunc pro tunc approval of the settlement, which was denied by the Supreme Court. Their motion for reconsideration was also denied. The appellate court affirmed these denials, finding that the petitioners failed to demonstrate that the delay in seeking approval was not due to their fault or neglect, as they were aware of the respondent's lien rights and requirement for settlement approval but disputed them. Furthermore, the court found prejudice to the respondent due to a potential compensation claim exceeding $50,000.

Workers' CompensationPersonal Injury SettlementNunc Pro Tunc ApprovalJudicial DiscretionDelay in ApplicationPrejudiceWorkers' Compensation LienThird-Party ActionMotion for ReconsiderationAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

Snyder v. CNA Insurance

In January 1996, the petitioner sustained injuries in a motor vehicle accident while working and received workers’ compensation benefits from CNA Insurance Companies. She later settled a third-party negligence action for $32,500 without obtaining the required consent from CNA. The petitioner sought judicial approval, nunc pro tunc, for this settlement. The Supreme Court initially granted approval, but the appellate court reversed and remitted due to insufficient documentation. Following the submission of additional evidence, the Supreme Court again granted approval, prompting the current appeal. The appellate court reviewed the relevant factors, noting evidence suggesting difficulty in proving serious injury and that respondent CNA suffered no prejudice from the delay. Despite the normal three-month limit for such applications, the Supreme Court's exercise of broad discretion in approving the settlement was not deemed an abuse. Therefore, the order of the Supreme Court was affirmed.

Workers' CompensationPersonal InjuryMotor Vehicle AccidentThird-Party SettlementJudicial ApprovalNunc Pro TuncConsent RequirementDiscretionary AuthorityAppellate ReviewInsurance Carrier
References
4
Case No. MISSING
Regular Panel Decision

Banks v. National Union Insurance

This case concerns an appeal from an order of the Supreme Court, Dutchess County. The original proceeding, overseen by Justice Dillon, was initiated pursuant to Workers’ Compensation Law § 29 (5) to retroactively approve a settlement of an action. The Supreme Court had granted the petition, allowing the petitioner's settlement with a third party nunc pro tunc. The appellate court affirmed this order, concluding that the Supreme Court appropriately exercised its discretion in its approval. Justices Altman, Goldstein, Luciano, and H. Miller concurred with the decision.

Workers' Compensation LawSettlement ApprovalNunc Pro TuncAppellate ReviewJudicial DiscretionDutchess CountySupreme Court (NY)Third-Party SettlementOrder AffirmedConcurring Opinion
References
4
Case No. MISSING
Regular Panel Decision

Taylor v. Continental Insurance

Petitioner, injured in a May 1990 work-related automobile accident, was awarded workers' compensation benefits. Respondent, the compensation carrier, asserted a lien claim and required written consent for any third-party settlement. In July 1993, petitioner settled a third-party action for $60,000 without obtaining respondent's consent. Consequently, respondent suspended benefits, and the Workers' Compensation Board approved the termination of awards in May 1995. Nine years later, in November 2002, petitioner sought judicial approval of the settlement nunc pro tunc, which the Supreme Court granted. On appeal, the Appellate Division reversed the Supreme Court's order, concluding that the inordinate nine-year delay in seeking judicial approval was inexcusable, despite petitioner's prior knowledge of the consent requirement and the carrier's consistent assertion of its rights.

Workers CompensationJudicial ApprovalNunc Pro TuncPersonal Injury SettlementThird-Party ActionCarrier ConsentDelayPrejudiceStatutory InterpretationAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

Zeng Xi Chen v. Spitz

The Supreme Court, New York County, issued an order on October 2, 2009, which granted the plaintiff's motion for nunc pro tunc approval of a third-party settlement under Workers' Compensation Law § 29 (5). This order was subsequently affirmed unanimously by the appellate court. The appellate review found that nonparty appellant Lu Gang was indeed the plaintiff's employer at the time of the accident and had failed to secure workers' compensation insurance. Consequently, the Uninsured Employers’ Fund (UEF) acted as the workers' compensation carrier and consented to the $25,500 settlement in the underlying action. The appellate court also determined that the plaintiff's delay in seeking court approval for the settlement was not due to his fault or neglect and did not cause prejudice to the UEF, affirming the original decision.

Workers' CompensationThird-Party SettlementNunc Pro Tunc ApprovalUninsured Employers' FundCourt Approval DelayEmployer LiabilityAppellate AffirmationPersonal Injury ActionInsurance CoverageStatutory Compliance
References
2
Case No. MISSING
Regular Panel Decision
Feb 02, 2000

Stiffen v. CNA Insurance

Petitioner Robert W. Stiffen, injured in the course of his employment, received workers' compensation benefits from CNA Insurance Companies. He settled a third-party action against Charles Newman for $25,000 without the carrier's prior consent. Although benefits were initially reinstated, the carrier later refused retroactive consent to the settlement. Petitioners subsequently sought nunc pro tunc approval for the settlement under Workers' Compensation Law § 29 (5), which the Supreme Court granted. The Appellate Division affirmed this decision, finding the settlement reasonable, the delay in seeking approval not attributable to petitioners' fault, and no prejudice caused to the carrier by the delay.

Nunc pro tuncPersonal injury settlementWorkers' Compensation LawThird-party actionCarrier consentJudicial approvalPrejudiceReasonableness of settlementDelay in applicationWaiver of consent
References
5
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